Page:United States Statutes at Large Volume 108 Part 5.djvu/222

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108 STAT. 3712 PUBLIC LAW 103-382—OCT. 20, 1994 "(B) sets forth the allocation of such funds required to implement section 6402; "(2) describes how assistance under this title will contribute to meeting the National Education Groals and improving student achievement or improving the quality of education for students; "(3) provide assurances of compliance with the provisions of this title, including the participation of children enrolled in private, nonprofit schools in accordance with section 6402; "(4) agrees to keep such records, and provide such information to the State educational agency as reasonably may be required for fiscal audit and program evaluation, consistent with the responsibilities of the State agency under this title; and "(5) provides in the allocation of funds for the assistance authorized by this title, and in the design, planning and implementation of such programs, for systematic consultation with parents of children attending elementary and secondary schools in the area served by the local educational agency, with teachers and administrative personnel in such schools, and with other groups involved in the implementation of this title (such as librarians, school counselors, and other pupil services personnel) as may be considered appropriate by the local educational agency. "(b) PERIOD OF APPLICATION.— -An application filed by a local educational agency under subsection (a) shall be for a period not to exceed three fiscal years, may provide for the allocation of funds to programs for a period of three years, and may be amended annually as may be necessary to reflect changes without filing a new application. " (c) LOCAL EDUCATIONAL AGENCY DISCRETION.— Subject to the limitations and requirements of this title, a local educational agency shall have complete discretion in determining how funds under this part shall be divided among the areas of targeted assistance. In exercising such discretion, a local educational agency shall ensure that expenditures under this part carry out the purposes of this title and are used to meet the educational needs within the schools of such local educational agency. " PART D—GENERAL ADMINISTRATIVE PROVISIONS 20 USC 7371. " SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLE- MENTARY. "(a) MAINTENANCE OF EFFORT. — "(1) IN GENERAL.— Except as provided in paragraph (2), a State is entitled to receive its full allocation of funds under this part for any fiscal year if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. "(2) REDUCTION OF FUNDS.— The Secretary shall reduce the amount of the allocation of funds under this part in any fiscal year in the exact proportion to which the State fails